Maternity Pay Questions

[markie85]

Afternoon everyone,

Please can you help me.
My Girlfriend works full time for a Hotel as a waitress. (40 hrs per wk).
She is paid by BACS monthly and therefore pays NI and tax each month.

She has been working there for coming up to a year.

The whole time she has worked there she has never been given a contract of employment and neither do her colleagues.

If she falls pregnant will she be entitled to SMP Maternity pay for 12 months?
Or would she need a contract of employment?

Any help very much appreciated

Mark

[dotty.]

http://www.direct.gov...pchildren/DG_10018741
a contract won't change the legislation

[bednobs]

you don't get it for a year, i think it's 38 weeks

[boxtops]

She has an implied contract of insurance if she is being paid - not having a paper one makes no difference to the employers' obligation to pay Statutory Maternity Pay.

It's paid for 39 weeks http://www.businessli...341550&type=RESOURCES